Divorce can be a difficult decision and the legal process can be complex process for for non-Muslims in Malaysia.
Understanding the differences between a joint petition and a single petition can ease the process and help you choose the best option for your situation.
When to Choose a Joint Petition:
A joint petition is a faster and less expensive option when both spouses mutually agree to the divorce and all its terms. This includes:
- Custody and visitation arrangements for children: This includes who will have physical custody of the children and how the other parent will maintain contact with them.
- Division of matrimonial assets: This refers to the fair distribution of all assets acquired during the marriage, including property, investments, and debts.
- Maintenance for spouse and children: This involves financial support for the spouse who needs it and for any children of the marriage.
Benefits of Joint Petition:
- Faster divorce process: With both parties in agreement, the court proceedings are generally smoother and quicker, often concluding within a few months.
- Reduced cost: Legal fees and court costs are lower compared to a single petition due to the simpler proceedings.
- Reduced stress and conflict: Agreeing beforehand minimizes the emotional strain and potential conflict during the divorce process.
- Avoiding mandatory counselling: Unlike single petitions, couples opting for joint petitions are exempt from attending mandatory counselling sessions at the National Registration Department (JPN).
Procedure for Joint Petition:
- Consult a lawyer: Both spouses may appoint 1 lawyer jointly or consult with separate lawyers to ensure their individual rights are protected and to receive legal advice.
- Negotiate terms: Agreement must be reached on all aspects of the divorce, including child custody, asset division, and maintenance.
- Prepare petition: Lawyers will prepare a joint petition outlining the agreed terms and submit it to the Court in Malaysia.
- Court hearing: Both spouses need to attend a court hearing, where the judge will review the petition and ensure it complies with legal requirements.
- Decree nisi: Once satisfied, the judge will grant a decree nisi, which is a conditional order of divorce.
- Decree nisi made absolute: After three months, the decree nisi becomes absolute, and the divorce is finalized. Divorce certificate will be issued accordingly.
When to Choose a Single Petition:
A single petition is necessary when:
- One spouse does not agree to the divorce.
- There is disagreement on any of the terms of the divorce.
- You have attempted reconciliation but it failed.
- Your spouse deserted you and cannot be located/found.
Procedure for Single Petition:
- Consult a lawyer: Discuss your situation with a lawyer who will advise you on the legal grounds for divorce and the available options.
- Refer to Marriage Tribunal: You must first attend counselling sessions at the JPN’s Marriage Tribunal in an attempt to reconcile under the law.
- Obtain certificate: If reconciliation fails, the Marriage Tribunal will issue a certificate, which is mandatory for filing a single petition.
- File petition: The lawyer will file a single petition in the High Court, outlining the grounds for divorce and the requested terms.
- Court hearing: Both spouses need to attend court hearings, where evidence is presented and arguments are heard.
- Judge’s decision: The judge will decide whether to grant the divorce and may modify any of the proposed terms after hearing from both parties.
- Decree nisi: Once satisfied, the judge will grant a decree nisi, which is a conditional order of divorce.
- Decree nisi made absolute: After three months, the decree nisi becomes absolute, and the divorce is finalized. Divorce certificate will be issued accordingly.
Benefits of Single Petition:
- No need for consent of both parties: You can still file for a divorce even if your spouse doesn’t agree to the divorce or cannot be found.
- Protects your rights: Filing a single petition ensures that your legal rights are protected even when your spouse disagrees.
- Addresses specific issues: The single petition allows you to present your specific concerns and seek a favorable judgment.
- Provides legal recourse: If your spouse refuses to cooperate, the court can enforce its orders and ensure a fair outcome.
Which one should I choose?
The best option for you will depend on your specific circumstances and the level of agreement you have with your spouse. Consider consulting with a divorce lawyer to understand the legal implications of each option and make an informed decision.
Get Free Advice & Quote From Our Divorce Lawyer Now In Less Than 2 Working Hours via WhatsApp